M v F (Appeal : Fact Finding)

M v F (Appeal : Fact Finding)

None of the grounds of appeal demonstrated a realistic prospect of success or established that the trial judge's decision was wrong or unjust by reason of procedural irregularity. The trial judge's findings were open to him on the evidence, and his approach to fact-finding, credibility, and application of legal...

Source-derived case information.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
12 March 2019
Procedural Posture
Appeal: Fact Finding / Application for Permission to Appeal; Determination of Appeal
Outcome
Permission to appeal refused
Legal Topics
Domestic Abuse, Child Arrangements, Fact Finding, Appeals, Procedural Fairness
Family Law Domestic Abuse Child Arrangements Fact Finding Appeals Procedural Fairness

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Summary, issues, holding and outcome

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Parties

M

Applicant

F

Respondent

Procedural Posture

Appeal: Fact Finding / Application for Permission to Appeal; Determination of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in fact-finding regarding allegations of domestic abuse and controlling behaviour
  2. 2 Whether procedural irregularity or unfairness occurred in the conduct of the hearing
  3. 3 Whether the judge properly applied legal principles and Practice Direction 12J in determining facts relevant to child arrangements

Ratio Decidendi

None of the grounds of appeal demonstrated a realistic prospect of success or established that the trial judge's decision was wrong or unjust by reason of procedural irregularity. The trial judge's findings were open to him on the evidence, and his approach to fact-finding, credibility, and application of legal principles was proper.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused; no further orders issued.